Miers Backed Anti-abortion Amendment

Democrats Join Criticism Of Bush's Pick

October 19, 2005|By David Jackson and Allen Pusey The Dallas Morning News

WASHINGTON — Harriet Miers supported a constitutional amendment in 1989 to ban most abortions -- a disclosure Tuesday that stirred liberal criticism of the Supreme Court nominee already under fire from some conservatives.

Miers expressed a number of anti-abortion views during her campaign for the Dallas City Council 16 years ago when completing a questionnaire from the group Texans United for Life.

The survey was among thousands of documents submitted in response to queries by the Senate Judiciary Committee that is to conduct confirmation hearings on the nominee as early as Nov. 7.

"This raises very serious concerns about her ability to fairly apply the law without bias in this regard," said Sen. Dianne Feinstein, D-Calif., a committee member. "It will be my intention to question her very carefully about these issues."

The latest abortion issue came a day after Miers told senators she has not spoken with anybody about how she might handle Roe vs. Wade, the 1973 case that established abortion rights. Some religious conservatives say they had been given "assurances" that Miers would, if confirmed, vote to reverse Roe vs. Wade as part of a future abortion case.

White House press secretary Scott McClellan minimized the importance of the abortion disclosure, saying that if confirmed, her personal views would have no bearing with her performance on the court.

"The role of a judge is very different from the role of a candidate or a political officeholder," he said.

The Texans United for Life document that Miers filled out in 1989 asked whether she would support a variety of anti-abortion positions. The group's political action committee mailed the questionnaire to Miers as part of its endorsement process.

The candidate survey led with the question: "If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature?"

Miers checked "Yes."

The 10-question document went on to seek affirmative views on a state ban on abortion, the prohibition of using public funds for abortions and whether she would publicly support anti-abortion views.

In each instance, Miers responded "yes."

Elsewhere on Tuesday, Miers' supporters touted her experience as a lawyer, saying she would bring practical viewpoints to a Supreme Court bench that might be short of real-life lawyers.

Texas Sens. John Cornyn and Kay Bailey Hutchison, both Republicans, presented former Texas Supreme Court Justice Raul Gonzalez, who said he has known Miers for more than 20 years. He said he had always been impressed by her knowledge of the law.

Miers' answers to the Judiciary Committee questionnaire, however, left the depth and breadth of her litigation experience open to debate. Although Miers was accepted to the U.S. Supreme Court bar in 1982, she has never argued a case before the court. Asked how many cases she tried all the way to a verdict, Miers said she could just recall eight in her 35 years as a lawyer.